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#1 |
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#2 |
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That sounds like a standard legal thing, to me. Probably not going to happen but in other trademark or IP infringement cases that's been the eventual ruling (take for example the copyright infringement case against the folks who were cutting out swear words in movies, they had to give their inventories back to the studios).
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#4 |
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If J&J paid good money for an exclusive license, I can understand why they would be upset if the Red Cross is continuing to grant more licenses.
![]() I am puzzled by a license that's lasted over 110 years. That seems kinda long. I can understand why J&J can ask for an injuction. I have no idea of what their legal basis is for asking for poessession of any product with a red cross on it. ![]() |
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#5 |
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#6 |
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#7 |
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#8 |
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Sigh. J&J used the symbol for certain medical supplies, like bandages. The ARC holds the trademark for the symbol in the US, so J&J cut an exclusive deal with them. Now, the Red Cross is licensing the trademark to other vendors for the same items. So J&J sues, because they have the exclusive right to the symbol for those items.
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#9 |
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#10 |
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#11 |
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#14 |
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A quick lesson, everyone:
Trademarks don't exists for the sake of businesses, they exist to help consumers. By giving a business exclusive use of a mark that they put on their products (their trade mark), it permits consumers to know that the product they purchased was really made by the manufacturer they believe. Wiki has a pretty good explanation if you want more detail. |
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#15 |
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Kuci is very effectively giving the producer point of view on the matter
![]() However it (obviously) works both ways, and most of the time the producer benefits plenty from the trademark. Hence why they go to so much effort to defend them ![]() Trademarks are valuable to producers basically for the reason Kuci said - people recognize them and know they're buying the correct brand of product - and because of the cost of advertising. Advertising is most effective with brand symbols as well as names (obviously), and many advertisers have spent a fortune on making their trademark symbol (whether it is a name or a logo) become well known. PH, the reason they don't go defunct is that they don't, as long as the trademark owner continues using them, and defending their trademark from abuses. If either one is no longer true, they actually go quite quickly defunct (as opposed to Copyright, where the work is copyrighted for nearly a century even if you at no point claim copyright...) The funniest thing about Trademarks that i've heard is from medical trademarks. It seems that any time a pharm company makes a new drug, they think of the stupidest name possible for it - one nearly impossible to say and using lots of weird letters - for its official, scientific name. Then they give it a nice, easy to say real name for its trademarked name. Why? So that when it goes generic, nobody will be able to ask for it by its formulary name, only remembering the real name ![]() Celebrex = "celecoxib" Lipitor = "atorvastatin" etc. The names look reasonable, but are VERY hard to pronounce, generally having odd syllables in them (xib for example). There are much odder ones, i just picked the first two I could find ![]() |
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#16 |
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#18 |
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#19 |
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#20 |
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Originally posted by Ben Kenobi
In this case, using the symbol for the Red Cross, is not harmful to the J&J folks, it gives them additional benefits. Harassing the Red Cross just gets them bad publicity. 'Cause then any company can start to use it since the trademark ceases to exist. Suddenly all sorts of companies are using the red cross and J&J can't do a damn thing about it because it failed to protect its trademark. |
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